United States: Professional Negligence

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With The Exception Of Handling Concursus Proceedings, State Courts Should Be Deemed To Have Jurisdiction To Adjudicate All Limitation Of Liability Issues Under The Shipowner's Limitation Of Liability Act

In this paper, we argue that the right to limitation of liability pursuant to the Shipowner's Limitation of Liability Act, 46 U.S.C., § 30501 et seq., (hereinafter "the Limitation Act")...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

LITIGATION UPDATE: Actual Responsibility And Substantial Factor Causation In The Wake Of Werner v. Blake: A Win For Commercial Drivers And Their Employers

On June 27, 2025, the Texas Supreme Court issued an opinion in Werner Enterprises Inc. v. Blake, -- S.W.3d (Tex. 2025), 2024 WL 7043877, reversing the trial court's $90 million nuclear verdic.

United States Litigation

KR

Kane Russell Coleman Logan

Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US

A recent decision from the Southern District of New York offers valuable perspective on the procedures and obligations that arise when an insurer defends a claim under a reservation of rights.

United States Insurance

AA

Adams & Adams

By Any Other Name: Rules Limiting Alternative Pleading In Professional Liability Actions

Most states allow former clients to assert claims against a licensed professional in either tort or contract.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

What Can Happen When The Failure To Provide Discovery Crosses The Line? - New Jersey Law Journal

United States Litigation

PB

Porzio, Bromberg & Newman

New Louisiana State Legislation Rolls Back Advantages Long Afforded To Personal Injury Claimants

United States Litigation

JW

Jones Walker

Walters v. OpenAI, L.L.C.

United States Litigation

LL

Loeb & Loeb LLP

Driving Change: How Litigation Against Amazon Is Making Our Roads Safer

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Minnesota Supreme Court Upholds Enforceability Of Contract Release Language Against Negligence Claims

United States Litigation

GT

Greenberg Traurig, LLP

Understanding Your Rights: When Can You Sue Your HOA?

United States Litigation

LS

LS Carlson Law

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds That Breach Of Contractual Indemnity Provision Is Not Barred By The Statute Of Repose

United States Real Estate

CK

Conn Kavanaugh Rosenthal Peisch & Ford

Florida Legislature Ends 35-Year Ban On Lawsuits For Certain Wrongful Deaths Caused By Medical Malpractice

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Enforceable Pre-Injury Release-of-Liability Forms: Peace Of Mind For Commercial Landlords

United States Litigation

TC

Thompson Coburn LLP

California Supreme Court Nixes Certain Contractual Limitation On Damages

United States Media & IT

JM

Jeffer Mangels Butler & Mitchell LLP

The Art Of The (UK) Deal

United States International

BG

Braumiller Law Group, PLLC

2025 Trade Policy Agenda Provides Rationale For Trump Tariff Actions

United States International

BG

Braumiller Law Group, PLLC

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

J

JAMS

Analysis Of The 2025 Federal Tax Changes Under The "One Big Beautiful Bill" Legislation

B

BakerHostetler

Trump Administration Passes The One Big Beautiful Bill Act

United States Tax

FL

Foley & Lardner

California Supreme Court Holds Contractual Limitation Of Liability Provisions Cannot Limit Damages For Willful Injury

On April 24, the California Supreme Court issued an opinion clarifying a crucial unresolved issue of California law: To what extent, if any, can a limitation of liability...

United States Litigation

SJ

Steptoe LLP

Recall Litigation Report: Trends In 2024 Continue Into 2025

Looking back at 2024, manufacturers were extremely busy navigating a high number of recalled products and corresponding litigation. A number of these 2024 litigation and class action trends appear to be carrying over into 2025.

United States Litigation

CM

Crowell & Moring LLP

Georgia Tort Reform Act: Changes And Implications

Georgia Governor Brian Kemp signed into law the Georgia Tort Reform Act today. The goal of the Act appears to be threefold, i.e., to:

United States Litigation

PD

Phelps Dunbar LLP

When Is Negligence Gross? Understanding Indemnification Provisions In Hotel Management Agreements

Hotel management agreements, like other commercial contracts, often contain clauses apportioning liability among the parties for potential losses or damages arising out of specific events or actions.

United States Media & IT

PC

Pryor Cashman LLP

2024 Year In Review: Data Breach Litigation

United States Privacy

W

WilmerHale

Strict Liability vs. Negligence In B2B Product Liability Cases: What Every Business Needs To Know

United States Consumer

AL

Ayala Law

BioZorb And The Power Of Causation: Why Warnings Don't Always Matter

United States Litigation

WS

Winston & Strawn LLP

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

United States Employment

LM

Littler Mendelson

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

United States Litigation

GT

Greenberg Traurig, LLP

NJ Supreme Court Unanimously Affirms That The "Intentional Wrong" Exclusion In NJ Employers' Liability Policies Is Enforceable

United States Litigation

RD

Riker Danzig LLP

When Liability Appears Bleak, Pivot To Causation And Damages!

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Texas Supreme Court Rejects Repackaging Of Professional Claims

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Retained Foreign Objects Part II

United States Litigation

Shaub, Ahmuty, Citrin & Spratt LLP

Business Negligence: What Every Business Owner Needs To Know Before It&'s Too Late

United States Litigation

MB

Michael Best

When Liability Appears Bleak, Pivot To Causation And Damages!

An old adage about legal strategy goes something like this: when your case is weak on the law, pound the facts. When your case is weak on the facts, pound the law. And when your case is weak on the facts and the law...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Texas Supreme Court Rejects Repackaging Of Professional Claims

On February 21, 2025, in Pitts v Rivas, the Texas Supreme Court finally accepted and applied the "anti-fracturing rule" to professional liability claims.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Retained Foreign Objects Part II

Statutes of limitations are timeframes by which a lawsuit must be initiated.

United States Litigation

Shaub, Ahmuty, Citrin & Spratt LLP

Business Negligence: What Every Business Owner Needs To Know Before It&'s Too Late

As a business attorney, I've seen countless companies face terrible consequences from what started as simple oversights.

United States Litigation

MB

Michael Best

Safeguard Your Business Against Slip And Fall Incidents And Personal Injury Lawsuits

United States Litigation

FL

Fitzpatrick Lentz & Bubba

Oregon Supreme Court Decides Dram Shop Statute Is Partially Constitutional

Statutory protections for dram shop liability are important in evaluating potential exposure and rating possible premiums.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Southern District Of Texas Re-affirms FAAAA Preemption Of State Law Negligence Claims Against Transportation Brokers

Adding to a growing body of Texas case law favoring federal preemption for transportation brokers, U.S. District Judge Andrew Hanen of the Southern District...

United States Transport

LB

Lewis Brisbois Bisgaard & Smith LLP

A Primer On The Graves Amendment

On August 10, 2005, President George W. Bush signed into law the "Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2005," which amended Sub-Chapter 1 of Chapter 301 of Title 49.

United States Transport

LB

Lewis Brisbois Bisgaard & Smith LLP

Independent Counsel Issues In Trucking Cases

In major accidents involving severe injuries or even death, claimant attorneys join freight brokers to the claim in an attempt to maximize the amount of insurance...

United States Insurance

LB

Lewis Brisbois Bisgaard & Smith LLP

Nuclear Verdict In Denver Highlights Increased Risk At Trial For Employers Of Non-CDL Drivers

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

New York's Clean Slate Act Requires Employers To Update Background Check Processes

United States Employment

M

Mintz

PCAOB Change To Auditor Liability Standard For Individuals Becomes Effective

United States Accounting

CG

Cahill Gordon & Reindel LLP

Illinois Health Care Facilities Immune From Ordinary Negligence Liability For Care Provided While Assisting The State During COVID-19 Pandemic

United States Healthcare

ML

Much Law

Product Liability Update – October 2024

United States Consumer

FH

Foley Hoag LLP

Who Is Responsible For That Fallen Tree?

United States Real Estate

Wa

Ward and Smith, P.A.

Federal Court Holds Indemnification Provision In Master Service Contract Void Under Colorado Law

United States Real Estate

DG

Davis Graham

Confidential Settlement In Wrongful Death Case – Failure To Refer Patient For Appropriate Tests To Diagnose Pulmonary Embolism

United States Litigation

SR

Shulman Rogers

CAS Legal Mailbag – 10/10/24

United States Consumer

SG

Shipman & Goodwin LLP

Do You Have A Potentially Successful Medical Malpractice Case?

United States Litigation

GL

Gentry Locke

Arizona Appeals Court Affirms Dismissal Of Negligence And Breach Of Duty Claims Against Settlement/Escrow Agent

United States Litigation

RD

Riker Danzig LLP

Putative Class Action Underscores Need For HIPAA Covered Entities To Diligence Business Associates

United States Healthcare

DM

Duane Morris LLP

The Engagement Letter: An Accountant's First And Best Defense Against A Malpractice Claim

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Mass. Appeals Court Concludes That Negligence Alone Does Not Violate Chapter 93A

United States Litigation

GT

Greenberg Traurig, LLP

Mass. Superior Court Finds No Right To A Chapter 93A Jury Trial In State Court, Concluding That Honest Mistakes And Negligence Do Not Trigger Chapter 93A Liability

United States Litigation

GT

Greenberg Traurig, LLP

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Printable Step-By-Step Guide On What To Do After A Car Accident (Video)

Wa

Ward and Smith, P.A.

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